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SSIOISr AND XtECONSTRUCTION. 

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;g64 ^^ SPEECH 




Copy 1 

HUiN. DANIEL W. GOOCH, OF MASS, 

'45 '■ 

'«~. * DELIVERED 

IN THE HOUSE OF REPRESENTATIVES MAY, 3, 1864. 



The House having under consideration the Bill to guarantee to certain States whose 
governments have been overtlirown a republican form of government — 

Mr. GOOCH said : 

Mr. Speaker: It is a grave mistake for lis to suppose that the con- 
test in which we are now engaged has been going on only since the 
rebels took up arms against the Federal Government. It is almost as 
old as the Government itself. More than thirty years ago it assumed 
a form which, but for the patriotism, ability, and firm resolution of the 
man then in the presidential chair, to preserve, protect, and defend 
the Constitution of the United States, and faithfully to discharge the 
duties of the high trust which millions of freemen had committed to 
his charge, would have devolved upon the generation which has pre- 
ceded us the duties and responsibilities which we are now called upon 
to meet. It is equally a mistake to suppose that the agitation of the 
question of slavery has produced this contest. The contest is older 
than the agitation. It has been going on ever since two antagonistic 
states of society commenced existence under our republican form of 
government, each striving for development and the mastery. I do 
not believe that any intelligent and reflecting man has ever believed 
that these two antagonistic states of society would or could continue 
to exist permanently under the same Government. In the early days 
of the Republic the leading men of both sections of the country looked 
forward to the time when it should be peacefully, and with the con- 
sent of all parties, abolished. When the leading men of the South 
came to look upon the institution as essential to their prosperity, and 
to desire its permanence, they at the same time began to look for- 
ward to a dissolution of the Union, The remark of Mr. Calhoun to 
Commodore Stuart, made more than fifty years ago, is precisely to 
this point. He said : 

" That we are essentially aristocratic I cannot deny ; but we can and do yield much to 
democracy. This is our sectional policy; we are from necessity thrown upon and solemnly 
wedded to that partj, however it may occasionally clash with our feelings, for the con- 
servation of our interests. It is through our affiliations with that party in (he middle 
and western States that we hold power; but when we cease thus to control this nation, 
though a disjointed deraocracj^ or any material obstacle in that p.irty should tend to 
throw us out of that rule and control, we shall then resort to the dissolution of the Union." 

Mr. Calhoun went on to say that : 

"The compromises in the Constitution, under the circumstances, were sufficient for our 
fathers; but under the altered condition of our countrj' from that period leave to the 
South no resource but dissolution, for no amendment to the Constitution can be reached 
under the three-fourths rule." 



^A^ 



1 

(X 



Mr. Calhoun believed the compromises of tlie Constitution to be 
sufficient to secure what its authors, the fatliers oftheTlepublic, desired 
and intended, the temporary existence of the institution of shivery, but 
not suited to the altered condition of the country, when tlie permanent 
existence of slavery was deemed essential to the prosperity of his sec- 
tion, and, seeing' that no amendment could be made to that instrument 
which would ati'ord that security, he and his disciples wedded them- 
selves to the Democratic party, and determined to stake the existence 
of their country on the success of that party and their ability to con- 
trol it. When a taritf was passed, and the law enforced which in his 
opinion favored the development and growth of the free institutions 
of the North — beneticial to free society, and therefore prejudicial to 
slave society — he and his associates threatened nullitication, and when, 
in 1860, hisfollowers sawa "disjointed democracy," and their " power 
to control'the nation" j)ass away, they attempted dissolution or destruc- 
tion of the Government. 

When nullification had been crushed, General Jackson, seeing that 
the cause of the conflict between the two sections of the country had 
not been removed, said : 

"The tariff was only the pretext, and disunion and the aouthcrn confederacy the real 
object The next pretest will be the negro or slavery question." 

He felt that ho had but prevented M the time being a contest 
which would be sure to break out again. Nullification did not go far 
enough to aflord an opportunity to destroy its cause. Secession has 
not only ati'orded the opportunity, but made it both a duty and a 
necessity, if we desire to uphold and maintain the Government. 
Probably the time has been when every member of this House, who 
desired to see his country rid of the institution of slaver^' has believed 
that its abolition could and would be peacefully accomplished ; that 
by placing the Federal Government firmly on the side of freedom, and 
preventing the extension of slavery into new territory, it could be left 
to each of the States to determine the time and the mode of emanci- 
pation, knowing that, although the time might be distant, still the day 
would come when the moral and material forces of every State would 
Array themselves against it and secure its destruction. I believe now that 
such would have been the result had not slavery itself willed it otherwise. 
When it proved itself to be so antagonistic to the great fundamental 
]»rinciples of the Government, which must and would be carried out 
in its administration ; when it found free society, which it regarded 
Hs its enemy, making a far more rapid growth and development than 
slave society could possibly attain ; when it found itself far outstripped 
in everything which can contribute to the hapi)iness, wealth and power 
ot a peo}de l)y its rival ; when it found that five million people in the 
South coidd no longer rule and dictate law to twenty million people 
in the North, instead of being willing to assume that position in the 
(xoverriment which i)elonged to it, it determined upon the immediate 
destruction (jf the Government which it had so long controlled. The 
day and the hour which Mr. C'alhoun had so long foretold had come. 
Shivery, in making war upon the Government, has staked its existence 
upon the isaiie; and if the Government wins, slavery must die. It 
h:is said that it could not and would not live under such a Govern- 
ment, and it must be taken at its word; and while our jurisdiction 
<H'er every inch of our territory must be made good, that institution 
which has made itself so hostile to all the great principles of our Gov- 



3 

ernment that it has attempted its overthrow and songlit its destruction 
must not find a place in it. 

I have said that the contest in which we are now engaged has been 
going on ever since the beginning of the Government. But its char- 
acter has been changed from a contest of ideas, of moral and political 
forces to a contest of arms. That whicli would have been aecom- 
})lished slowly, gradually, and pcacefnlly by the working of moral and 
material lorces, is now being done suddenly and violently by contend- 
ing armies. Tlie wiiirlvvind and the tornado are the ins::rumentalitie8 
of an all-wise God not less tlian the gentle breeze and the summer 
t-liower, and perhaps it is little less presumptuous for us to question 
the instrumentality in the one case than in the other. Still, when the 
agency of man is so directly involved as it is in the scenes which are 
now going on about us, M'e cannot help feeling and asking how far is 
he responsible for that which is. 

The contest between slavery and freedom, between slave institu- 
tions and free institutions, under the same Government, was inevitable, 
and no man or organization of men now living are responsible for it; 
it is like the conflict between truth and falsehood, between right and 
wrong — a conflict which must and will go on until truth and right 
shall conquer. The men who have supposed that they could stop 
men's thinking and talking about slavery and freedom, or tliat by 
stopping them the conflict would end, are as wise as those men who 
stop their ears in a thunder storm that they may not be struck by 
lightning. The only question that we have ever had any power over 
is, what shall be the fovm of that conflict? Shall it be peace or war, 
logic or arms? The slaveholders, knowing that the_y would meet with 
no resis*:ance from the Administration of James Buchanan, decided in 
favor of arms, and hence the* bloody conflict in which we are now 
engaged. Had that Administration the power to have prevented the 
change of the contest? I believe it hud. I believe that there was 
power enough in the Government, properly administered, to have 
crushed this rebellion in the very bud. Had Andrew Jackson and 
James Buchanan but changed places, and James Buchanan "^een in 
the {f^esident\a\ chair when General Jackson was thei'o, John C. Cal- 
houn, instead of being an extinguished nullitier, would have been 
President for a time of a so-called sonthern confederacy ; and had 
Genei'al Jackson been in the presidential chair when Janies Buchanan 
was there, Jeft'erson Davis would to-day be an extinguished secession- 
ist instead of President of the so-called southern confederacy, carry- 
ing on war against his Government, and shedding the blood of hun- 
dreds of thousands of loyal men. That thing happened which no one 
of the framers of the Constitution, or any other loyal man ever sup- 
posed could happen. The man who had been chosen by millions of 
freemen to preside over the destinies of the nation, who had sworn to 
preserve, protect, and defend the Constitution of his country, basely 
betrayed his trust, consorted with traitors, consented to and connived 
at the destruction and overthrow of the Government ; and during the 
long^ months that treason openly made its hostile preparation and 
avowed its purposes, not only took no step for its suppression, but 
kept in his Cabinet a Secretary-- of War who remained until he had 
stolen everything worth stealing, and then transferred it and himself 
to his fellow-conspirators; and a Secretary of the Navy who sent 
every vessel of war to the most distant ports of the world that they 



might bo beyond tbo reach of the incoming Administration, and where 
tliey could render no service to the Government, who remained to the 
close and retired with his master amidst the contempt of all loyal 
men. 

Slavery, having found itself unable to contend with the moral and . 
matcriarforces opposed to it, has appealed to arms. Now let arms de- 
cide the contest. Heretofore it has been freedom or slavery, the 
moral and material forces of the world contending. Now it is free- 
dom or slavery, the armies of the loyal people of the country on one 
side and the armies of the traitors on the other, contending. By no 
men is this truth so fully realized as by the men in the tield, tiiose 
actively engaged in the C(mtest, I care not what their opinion may 
have been before the war, you can hardly find an officer or a soldier 
who has rendered service on the battle-field who does not mostheartily 
agree to this. 
"The people of the North have not made this issue. We have not 
had the power to make it. It was made by the rebels, and we have 
been obliged to accept it. We have foolishly tried on more than one 
occasion to change it, but have found it impossible to do so. They 
hold us to the issue they have made, 'ihe Governmennt and slavery 
cannot permanently exist together. Slavery demands the destruction 
of tlie Government to secure its^ own permanent existence, and the 
Government, to save its life, must destroy slavery. It would be sim- 
ply an act of folly for us to recognize any government established in 
aity of the seceded States as loyal, and entitled to a status in the 
Union, which did not provide, in the terms of this bill, that " invol- 
untary servitude is forever prohibited, and the freedom of all per- 
eons is guarantied in said State." I know that there have been many, 
and are still, some men who are exceedingly desirous that we should 
fight a shadow instead of the real enemy of the Government, and they 
can look on with the utmost composure and satisfaction at any blow 
aimed at the shadow ; nay, more, they will even assist in the etroke; 
but when you strike at the real enemy, they will howl as though they 
thomseliftes were hit. We hear from these men when we propose to 
adoftt vigorous measures for replenishing our armies and giving to 
our noble volunteers, who have bo long borne the dangers and hard- 
ships of the field, replenished ranks, that they may inarch forth to 
meet the enen)y with hope of success; we hear from them M'hen the 
President proposes to exercise the rightlul belligerent power of de- 
claring the slaves of the enemy free ; we hear from them when it is 
proposed that colored men shall be admitted into the service of their 
country and afi'ord an oi)portunity to fight for a Government which 
they are willing to shed their blood t<j defend ; we hear from them when 
the President proposes to aid and assist in the reconstruction of a truly 
loyal State governnieut in a rebel State, one that can be trusted; we 
lieai'from tliem when the Congress of the United States proposes to 
lend its power to aid in the construction of loyal governments in rebel 
States; we hear from them when our armies meet with defeat in the 
field, but they are dumb when loyal men rejoice in victory. Their' 
watchword i^ " unct)ntstiiutionality," and their grpat fear is that the 
rebellion will meet with some unconstitutional injury or detriment, 
whereby its power to nrolong its existence may be diminished. They 
wish no aet done until the Supremo Court, after due deliberation, has 
decided that the act to be done is constitutional. They seem to think 



riiaf the great object and purpose of our fathers in framing the Con- 
'etitution was to see to it that nothing of liann should come to the 
human chattels and real estate of those who should rebel against the 
Government and seek its overthrow; and that every possible barrier 
should be placed in the way of the Government and the nation when 
attempting to maintain its existence ; and they seem to regard it as 
their special mission to see to it that these supposed provisions of the 
Constitution are rigorously enforced at this time. 

Mr. Speaker, I do not believe tiiat these rebels have ceased to be 
subjects of this Government, or that they are out of the Union. I do 
not believe that their attempted secession and rebellion have deprived 
this Government of its right of sovereignty and jurisdiction over them, 
or released them from tlie relations and duties of subjects, bound to 
rendpr obedience to the Constitution and laws. While they, by trea- 
son, rebellion, and levying war against the Government, have forfeited 
all right to the protection of the Constitution and laws ; while tlfey have 
made themselves public enemies, and come to be recognized as belliger- 
ents, not only by other Powers, but by the Federal Government, still 
they owe obedience to this Government not less than they did before 
secession was attempted. Tiiis Government holds to them the two-fold 
relation of sovereign and belligerent — a sovereign carrying on a just 
and necessary war to maintain a rightful sovereignty ; and they hold 
to this Government the two-fold relation of subjects and belligerents — 
rebellious subjects carrying on an unnecessary and unjust war, to over- 
throw a Government which they themselves assert has never pur- 
posely done them a wrong or withheld from them a right. 

This being the relative position of the two contending parties, the 
question arises, what are the rights and powers of the Goveruuient in 
a prosecution of a war for the maintenance of its rightful sovereignty 
and the reduction to obedience of its rebellious subjects? I answer 
that it has all the rights and powers which any Government on earth 
has in carrying on war against its enemies. It can exercise any power, 
do any act it may deem proper and necessary to do, not prohibited by 
the law of nations to all Governments alike. Thele is not a principle 
or p^rovision, line or word, in the Constitution of the United States 
which prohibits or prevents the doing of every act or thing Congress 
may deem necessary or proper to be done to crush rebellion and 
maintain the sovereignty of the Government. Since the time when 
the rebels claimed for themselves, and we accorded to them, the char- 
acter of belligerents, the Constitution of the United States has im- 
posed no more restraint upon Congress and the Commander-in-Chief 
of our armies, and of coui'se no more protection to the enemy, than 
it would have done had we been engaged in war with the niost dis- 
tant people on earth. I am wholly at a loss to know what men mean 
when they talk about straining th.e provisions or leaping the barriers 
of the Constitution in the prosecution of the war we are now carry- 
ing on against the enemy, and in our efforts to uphold and maintain 
the Government and save the life of the nation. I know of no pro- 
, visions or barriers in that instrument that it would be necessary to 
strain or leap over in order for us to wield against them all the power 
human ingenuity can devise or human agency can execute. 

"When these rebels assumed the character and position of belliger- 
ents they said to us and the world, " We no longer claim the protec- 
tion of the Constitution and laws of the United States, but we stand 



6 

or fall by the eword;" and the Government said to the rebels, " As 
you have so willed it, let the sword decide the question." From that 
moment it ceased to be a question of constitutional and legal right, 
and became a question of military power and force. I do not wonder 
that in the very outset of the rebellion we did not fully comprehend 
the changed relations we bore to these belligerent rebels. We had 
ever been accustomed to appeal to the Constitution as the great arbiter 
of dis])uted questions during our whole national existence, and for a 
time, at least, many seemed to think that by its provisions w'e could 
settle questions between belligerents, not less than questions between 
jteaceful and law-abiding citizens. They seemed to think that while 
the rebels could conduct against us a war, unrestrained or untram- 
meled by law or Constitution, we could do to them only those things 
which we were expressly authorized by statutes and the Constitution 
to do; and some, even now, seem to fail to understand that the war 
p^weis of this Government are undefined. The war powers of any 
Government are from their very nature undetinable, and the men 
who should undertake to prescribe, limit, and define them would de- 
monstrate in the very outlet that they did not understand the first 
])rincii)les of government, and were wholly unfit to prescribe the fun- 
damental law for any peo])le. The men who framed our Constitution 
made no such mistake. Tiiey had had the experience of both war 
and peace, and knew full well the powers a Government niust possess 
in order to maintain its existence and an independent position among 
the nations of the earth. They were too wise to restrict the powers 
and tie the hands of the Government they were establishing in the 
jn-osecution of a wai- against an enemy seeking its destruction and 
overthrow, be that enemy foreign or domestic. From the moment 
the rebels levied war against the Government and we recognized their 
acts as war in fact, and prepared to meet military force with military 
force, our i-ight and power to prosecute war against thenu were in afl 
respects the same as they are to prosecute war against nuy foreign 
enemy who may commence against us an unprovoked and unjust war 
for the dismemberiA^ent of our territory. This is and must be tiie po- 
sition (.f this Government until the military power of the rebels is 
entirely overthrown, the last vestige of rebellion wiped out, and a 
true and legal government established in every rebel State. 

Still, the right of jurisdiction of this Government overall territory 
and peojjie within the rebel lines is not destroyed or impaired, but 
remains Jis i)erfect as it woidd have been had it^iot been interrupted 
by rebellion; and when we shall have crushed the rebellion and re- 
stored ])eace to all parts of the country, we shall hold this territory, 
not by a new title, but by the old, )iot as territory acquired by con- 
quest, but territory defcmled and nniintained against revolt; and the 
jurisdiction of this Government over the people within the now re- 
volted territory will not be a newly acquired right, but the assertion 
and maintenance of a right which has always existed. Any act of 
the so-called confederate government, and any act of the State gov- 
cruinents, i-iiice secession, will be regarded by this Governmeu as 
nullities. The rebellion, while it has "not destroyed the right of juris- 
diction <)f this Government over any part of our territory, has inter- 
ruj)ted its jurisdiction for the time i)eing over so much of our terri- 
tory as is within the rebel lines, and the seceded States have them- 
Belves overturned and destroyed their State governments, so that one 



\ 



ol* those governments can now claim no more riglits, protection, or 
recognition from the Federal Government than can the rebel him- 
self. 

1 know that some say that if this is the fact the overthrow of the 
re!)ellion will immediately re-establish the old order of things in the 
revolted States, and tliat they will be, at the end of the rebellion, ex- 
actly where they were at its beginning. This by no means follows. 
Tliey themselves have destroyed the old order of things; tliey have 
overthrown their State governments ; they have brought about an en- 
tirely different state of things from that which existed before the re- 
bellion ; they have created a new state of society demanding a gov- 
ernment and institutions different from those which before existed, 
and could not continue in harmony with the General Government. 
The Federal Government cannot recognize, other than as an enemy, 
any State government which has given in its adhesion to the re])el 
confederacy. However liberal the President may be in his amnesty 
proclamations, or the Congress of the United States in its legislation, 
for the pardon of traitors, I appreliend that rebel Stare governments 
will hardly find themselves in the catalogue of the forgiven. Those 
States must first come under the military rule and control of the 
United States, and how long they shall continue in that condition is a 
(juestion which the United States alone has the power to determine. 
The Federal Government having found itself unable to enforce its 
lawful authority by civil process has been obliged to invoke the mili- 
tary power, and that power must be continued until a loyal govern- 
ment, truly republican in form, has been organized in every siceded 
State, and until the people of that State have given satisfactory evi- 
dence that they have both the will and the power to keep and main- 
tain such State within the Union against,all traitors within its limits. 
When this time shall come, then such State can with propriety ask 
that the military power shall be removed, and that her Senators and 
Kepresentatives shall be admitted into the councils of the nation. 

1 can see no reason why the President, as Commander-in-Chief, 
should not, in the meantime, so use the military power as to aid and 
assist the loyal people of any one of these States in the organization 
of a loyal State government. As the government which iias given 
its adhesion to the rebel confederacy can never be recognized by the 
United States, a new government must be organized during the mili- 
tary occupation, which can, at the proper time, be recognized by Con- 
gress. All these acts by the President, or the military power under 
him, in thus aiding and assisting the loyal people in these States, im- 
poses no obligation upon Congress to recognize them until such time 
as it shall deem proper to do so, and any recognition the military 
power may see fit to give to these governments can never fix their 
status in the Union. Congress alone has the power to determine what 
government is the legitimate one in a State, and its decision is bind- 
ing on the other departments of the Government. The opinion of the 
Supreme Court of the United States in Luther v*. Borden etal. is pre- 
cisely to this point : 

" Under this aiticle of tlie Constitution [ariiclo fo\ir, section four,] it rests with Con- 
gress to decide what government is the established one in a State. For as the United 
States guarantees to each State a republican form of government, Congress must necessa- 
rily decide what government is established in the State before it can be determined 
whether it is republican or not. And when the Senators and Representatives of a State 
aro admitted into the councils of the Union, the authority of the government under which 



8 

they are appointed, as well ns its republican character, is recognizpd by (he proper con- 
atilutioiiiil ..iithoiiiy. And lis dt-cit^ion is binding on every otlier department of the gov- 
ernment and could^not be questioned in a judicial tribunal." 

The question of the recognition of a government in one of the re- 
volted kStates does not differ at all from the question of recognition of 
the government in any State in which the legitimate government 
has been interrupted, overtlirown, or destroyed, and the Federal power 
invoked to determine which the estahlished and legitimate govern- 
ment is. Tiie question is a political one, and is to be decided by Con- 
gress, not by the Executive or the judiciary, and the most authorita- 
tive decision which Congress can give to the question is the admission 
of Senators a!id liepreseiitatives to seats in the councils of the nation; 
and as each House is the judge of the elections, returns, and qualifi- 
tions of its members, each must determine for itselt what government 
it will recognize as the established one in any State, and when the 
Senate and House have by the admission of members to seats decided 
in favor of the same government in any State the question is settled 
and the decision binding on the other departments of this Govern- 
ment. 

The conclusion to which I come is this: no matter what laws may 
be passed by Congress, no matter what acts may be done by the Ex- 
ecutive, as the governments in the revolted States have by treason, 
rebellion, and adhesion -to the southern confederacy been overthrown 
and destroyed, no such State can have any status in the Union for any 
purpose until a loyal State go'vernment shall have been established 
therein, and recognized by The Congress of the United States. And 
when that sliall have been done it will become the duty of the other 
departments of the Goverament to immediately recognize the act and 
accord to such State all the rights and privileges of a State in the 
Union. 



SPEECHES AND DOCUMENTS FOR DISTRIBUTION BY 
THE UNION CONGRESSIONAL COMMITTEE. 

Altrat am Lincoln— "Slavery and its issues indicated by his Speeclies, Letters, Meseages, and Proc)a 
matlons. 

Hon. Is.iac N. .\rr.oti1— " P.o.-onstrnction ; Liberty the corner-stone and Lincoln the architect." 10 
pa^es ; two dollar.", per hundred. 

Hon. M. llussell Tliiiyer—" Keeonstnietion of Rebel States." 16 parti's; two dollar" per hundred. 

lion. .THHifs K. Wilson— " A Free Oonslitutiim." 16 pajres ; two dollars per hundred. 

Hon. Oodlove 8. Orth— " The E.vpulsion i-f I, on;;." 8 pa;»cs; one dollar pc-r hundred. 

Hon. U Winter Davis — "TheKxpulsion of l.oDjr " 8 pages; one dollar per hundred. 

Hon. Henry O. Demins—" State Uenovation." S pages ;"one dollar per hun.lred. 

Hon. Jam^i A. OiirleM— " ODnflsoalioii of Kebel I'roperty.'' Spaces; one dollar per hundred. 

Hon. AVilliam D. Kellev—" Freedraen's Affairs." 8 pages ; one dollar per hundred. 

Hon. Orcen Clay Smith— " Confiscalion of Kebel Property." Spages; one dollar per hundred. 

Hon. T) W. Gooch — " Secession and Reconstruction. " S pages ; one dollar per hrddred. 

Hon. R. ScliPnck — " No Compromise witli Treason " S pages; one dollar per hundred. 

Hon. Lyman Trumbull—" A Free Oonslltution." 8 pagps; one dollar per hundred. 
.^ Hon. Charle.'* Sumner— " Uuiversal Kmancipation, without Compensation" 16 pages; two doUare 
per hundred 

Hon. -.Tames Harlun— "Title to I'ropi-rty in Slaves." 8 pages ; one dollar per hundred. 

Hon. Paniel Clark — "Amendment to iionstilulion " 8 pages; one dollar per hundred. 

Hon. John O. Tt-n Kyck— '• Kcconslructinn in the States." S pages one dollar per hundred. 

Jlon. Rcverdy .Tohnson— " Amcii'imc-iit to llie Con-'litullMM." 16i)ages; two dollars per hundred. 

Hon, .T. I). Uefrees— "TlioughlH f.ir lloni-l I). mncrats,'' 

Hon J. I). Keiley— ' Amend nent lo the c.mstitiiiiori. ' Sp.iges; one dollar per hundrnd. 

Hon Speaker Colfax—" The Kxpnlsion of Long " 8 pasf s : one dollar per hundred. 

Hon, E. ti. Ingersoll— " Amendim-nl to the Constituiion," Spages; one dollar per hundred. 

Nnmrrong Speeches and Documents not Included In the foregoir- ••*'" «-- - ' n^,r-nt-c-c 

andpersons willing to trust the .rser.-tion of lli« .•.>niniitt.-e can r.-i LIBRARY OF CONGREbb 
have Ihein filled with the utmo.it promptitude, and with the bi-sl Ju 
Iho locality where the speeches are to be sent. 



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